8. Noise Nuisance

Sadly, noise nuisance is a growing part of all of our lives and solutions to the problem in France are not easy.

If you are a victim of noise nuisance then you have the right of recourse to both criminal and civil law but, as the criminal sanctions are weak, it is also often necessary to pursue a civil action alongside, or instead of, criminal proceedings.

We can consider noise complaints under two main headings:

1. 8.1 Domestic Noise
2. 8.2 Commercial/Industrial/Agricultural Noise

8.1. Domestic Noise

There is no clear legal definition of noise nuisance arising from the lifestyle of neighbours.

The law merely specifies certain circumstances where noise nuisance can arise which may be considered ‘unnecessary, uncaring or aggressive’.

Examples include dog barking, loud music, DIY, domestic electrical equipment, fireworks, ventilation, or air conditioning equipment.

It also includes noise complaints about the French national symbol itself, the cockerel!

Local authorities can also fix times during which DIY can be undertaken, and during which noisy equipment in the garden can be used, although this practice normally only applies in urban areas.

The rule applies irrespective of the time of day or night. Therefore, although a neighbour may feel it reasonable to play loud music up to say 11pm in the evening, the law makes no concession to the time at which the noise nuisance occurred.

Sadly, however, those causing a noise nuisance are only liable to a fine of up to €450 in the criminal court, and possible (though rarely) confiscation of the offending item.

Only if it could be demonstrated that a neighbour was deliberately and maliciously causing a noise nuisance could the punishment be greater, including the possibility of a prison sentence.

Given that the level of the fine is so low, a complainant is often obliged to bring a civil action to bring about full resolution of the problem.

There are a number of different approaches that can be taken to try to resolve a domestic noise problem with your neighbour, which are considered below.

8.1.1. ‘Friendly Persuasion’

Clearly, as with most problems in life, the first course of action should be to try and resolve it on an amicable basis with your neighbour.

Try and not get into a conflict with your neighbour before you have discussed the problem, as it is likely to be more difficult to resolve if relations have already deteriorated.

You should not necessarily assume that your neighbour is acting in bad faith, as this will sour the approach you are likely to take.

One approach is to invite your neighbour into your property to listen to the noise so that they can understand why you have raised the problem with them.

If this approach does not work then you should send a letter by recorded delivery setting out your complaint. Ensure you keep a copy of the receipt of delivery.

If you live in a block of flats or co-ownership property then you should contact the syndic or managing agents for the flats and seek their intervention.

If you are the landlord of a tenanted property then you are responsible for the actions of your tenants in relations with their neighbours, and serious noise nuisance is a ground for terminating the tenancy.

8.1.2. Legal Advice Centre

Before you think about engaging an avocat to defend you, or bring a legal action, you may want to consider making use of the FREE legal advice service available in legal advise centres that have been created in most of the départements of France.

The service is called Conseil Départemental de l'Accès au Droit (CDAD).

Most of the CDAD offer times and days in the weeks when a either an avocat, huissier or notaire is present to offer advice.

In addition, they have other staff who may be able to assist or provide you with the contact details of an organization who can provide you with further advice.

You can find details of your local CDAD here Legal Advice Centre

Most CDAD have created interesting and informative websites provided, of course, you can understand French!

8.1.3. Mediation

If you are unable to resolve the matter at an individual level then you may wish to consider resource to a mediator, an approach, which will also be looked upon favourably by the court should you later need to bring a legal action.

Throughout France, the services of state appointed Conciliateurs de justice are available to anyone who may have a dispute with another person or organisation.

A conciliateur is someone with experience in the legal system but who offers their services at no charge.

Accordingly, the service is free although the conciliateur cannot oblige your neighbour to participate in the process nor impose a solution upon them.

Nevertheless, the fact that you can bring evidence that your neighbour is unwilling to join in the process can be used as evidence of their lack of good faith in trying to resolve the problem.

Conciliateurs are bound by an obligation of professional secrecy, so anything you tell them cannot be conveyed to a third party or court of law without your consent.

If the conciliateur is able to bring you together and arrive at a solution then it is usual for a written agreement (constat d’acord) to be signed between you.

In addition, if you do reach a signed agreement, you may be later able to go to a court of law or a Huissier (an official bailiff) to secure performance of the agreement by your neighbour.

Your local Mairie or a Tribunal d’instance should be able to give you the name of the conciliateur in your area.

8.1.4. Mairie/Police Intervention

If the problem persists, and it is a serious one, then the next stage is to try and arrange for either a representative of the mairie and/or a gendarme/police officer to witness the noise, with a view to criminal proceedings being taken.

The local mairie have a legal responsibility to intervene in noise problems as part of their wider obligations to maintain the peace, although in Paris it is the direct responsibility of the national police.

However, it is rarely easy to get either the mairie or police to act.

If the noise is occurring at night then you should contact the local police/gendarmes. Whether or not the gendarmes/police attend will also depend on the level of their other more urgent commitments.

Should you be successful in getting either the mairie or the gendarmes to visit, it is very unlikely that any no noise measuring equipment will be used to establish whether there is a nuisance. The judgement they come to will, therefore, be entirely subjective!

If they consider a nuisance is being caused then they may decide to either give a gentle warning or write up a formal witness statement (procés-verbal) a copy of which is given to the perpetrator of the noise.

In the case of a police report, a further copy is sent to the Procureur de la République (public prosecutor) who will decide whether or not to bring a legal action.

In severe cases the mairie have the power to issue an order (arrêté) that the activity cease or that action be taken to reduce the noise level.

More often than not, no action will be taken, in the hope that their attendance has been sufficiently persuasive.

It may well be that you will need to continue to ask the mairie and/or police to visit on further occasions if the problem persists.

You may similarly wish to write direct to the Procureur de la République with your complaint, together with any further supporting evidence including, in particular, any evidence you may have from the local huissier .

8.1.5. 'Médiateur Pénale'

If the Procureur decides not to proceed to court with the case then one option they may take is to ask the legal Mediateur Penale to intervene.

This person should not be confused with a conciliateur de justice as the Médiateur Pénale is a person whose assistance can only be invoked by the Procureur.

The Médiateur Pénale has the same role as that as a conciliateur de justice and, in the same manner, has no powers to enforce a solution to the problem.

Nevertheless, if the offending party refuses to engage in the process or continues with the noise after their intervention then it will have a persuasive influence in a later court hearing.

8.1.6. 'Tribunal d’instance'

If the Procureur decides to bring a criminal action it is heard in the Tribunal d’instance .

The maximum fine is a derisory €450, unless there is clear evidence of malicious intent, when a prison sentence can be imposed.

8.1.6. Civil Proceedings

Given the deficiencies of the criminal process, more often than not, a complainant needs to bring a civil action instead of trying to invoke the public authorities to act.

However, there is no reason why the two cannot run in tandem.

The courts take the view that neighbours need to have a degree of tolerance towards one another and that a certain level of disturbance is a normal part of daily life.

Whether or not the noise is abnormal will depend on the circumstances in each case, including the location of the property, whether in town or country.

Proof of nuisance needs to be provided by all means possible, notably the evidence of witnesses.

This is particularly important in relation to intermittent noise problems, where the attendance of a public official or police is not always possible.

It is also important to keep a full written record of the incidents.

Where you are seeking damages not exceeding €4000 then the case can be heard by a local court ( juge de proximité) where the use of an avocat is not obligatory.

Between €4000 and €10000 the case is heard by a Tribunal d’instance where an avocat is not obligatory, but is recommended.

Above this figure the case is heard by a Tribunal de grande instance where the use of an avocat is necessary.

8.2. Commercial/Industrial/Agricultural Noise

8.2.1. General Noise

Since 2007, the law on noise from professional activities has been tightened up, although to date there is little case law on it.

The main difference now between the law and procedure governing domestic noise complaints and that governing disturbances emanating from professional, cultural or sporting activities is that in the latter case noise measurements are made using the decibel scale.

The base line for determining infractions is 25dB(A), within your premises and 30Db(A) outside the property. In calculating whether a noise nuisance is being caused the duration of time during which the noise persists is also taken into consideration, with lower tolerances between 2200 hours and 0700 hours.

Those found in breach of these limits are also subject to a higher fine of up to €1500. Given the relatively paltry nature of the fine, those suffering noise from a professional activity should also consider trying to take a civil action alongside or instead of criminal proceedings.

he use of noise monitoring equipment, and the intervention of the public hygiene department in the Préfecture (Direction des affaires sanitaires et sociales - DDASS) in determining whether a nuisance is being caused.

You may invoke the involvement of the DDASS personally but it would probably be better arranged after discussing the matter with the local Mayor who may decide to request the Préfecture to intervene, which will carry more weight.

In considering the case the authorities will have regard to the location of the property, where the rules governing the operation of business in a residential area are going to be applied more strictly than in an industrial zone.

8.2.3. Building Sites

As a rule, noise from a building site is considered to be a normal activity and, therefore, not subject to sanction.

The general rule applies even where operatives may start on site at an early hour and continue into the evening hours.

So, it is particularly difficult to demonstrate ‘abnormal’ noise in the case of a building site.

However, where you can demonstrate that any machinery is not operating in compliance with regulations or the contractor has not taken appropriate precautions to limit the noise nuisance, then it may be possible to bring an action.

Alternatively, to demonstrate that the contractor is not operating in accordance with any conditions that may have been imposed concerning execution of the works.

The Mairie or Préfecture can regulate the hours of operation of the building site or limit the time during which a particular activity may take place. Nevertheless, these interventions occur only very rarely and in very specific circumstance eg holiday sites

8.2.4. Public Works

If you suffer from noise nuisance because of public works then you have even less chance of redress.

As a rule, the law considers that any nuisance caused to private individuals is outweighed by the public interest that is served by the works.

However, as a result of recent legislation, if a contractor on a public works site causes a noise nuisance if they have not taken appropriate precautions to limit the noise nuisance.

Even a business that may be affected by a new public roadwork’s scheme has no right of compensation against the authorities if their business operations should be adversely affected.

There are particular circumstances when compensation is payable, notably in relation to the construction of a motorway or railway where the value of private property may be reduced. The authorities may also be obliged to pay for sound attenuation works.

8.2.2. Musical Venues

This covers discotheques, as well as bars and restaurants and any other establishment that regularly diffuses amplified music, whether live or recorded.

The basic rule that applies is that the normal level of the output within the establishment should not exceed 105db(A) and the maximum occasional level should not exceed 120db(A).

Owners of musical venues are required to undertake monitoring of noise levels and if necessary present their results to the Mayor or the Préfecture.

Needless to say, very few establishments comply with this rule and disputes with neighbouring proprieties are numerous.

Where a contravention occurs, however, the venue can be fined up to €1500 as well as seizure of the material and potentially, closure of the establishment

The mayor and the Préfecture can regulate the opening hours of these venues.

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